tv KPIX 5 News Early Edition CBS May 6, 2014 4:30am-5:01am PDT
>> all right. a little windy, a couple of clouds out there right now. by the afternoon going to see some sunshine. still going to be blustery near the coastline. low pressure headed over the sierra nevada, they are seeing snow up there, elizabeth. >> wow, look at that. all right. we have wind advisories here closer to home. chp-issued wind advisories, one for the benicia bridge, one for the bay bridge this morning. so two hands on the steering wheel once again. >> good advice. thank you. it is 4:30. we begin with this story. a teenager killed by a dublin officer was nostranger to the police. dublin police say the 18-year- old had an extensive criminal history. police say they were called when oscar herrera attacked his mother and they shot him when they went after someone with a baseball bat. herrera had another run-in with the law saturday after he allegedly used methamphetamine and attacked a friend in livermore. >> he says something like i'm going to kill you, eat you,
something like that. >> you can see the scratch marks all over his face. >> kept on lawing over me and reaching in my mouth, my nose, everywhere, trying to like yank skin off. we started wrestling and he started scratching my face. i threw him to the ground. then i had my hand on his neck to try to restrain him. and then, like, he just kept on screaming this crazy stuff about religion and nonsense. and then i was like i'm going to call the police. i'm going to call the police. i pulled out the phone and called. >> reporter: when police arrived they used the taser on oscar herrera five times and still he didn't caulk down. >> he was deranged and he was spitting all blood everywhere. >> reporter: spitting at the cops? >> he was trying to spit at me, spit at the cop. spitting everywhere. lost his damn mind.
>> reporter: livermore police arrested herrera but nate refused to press charges because he said he didn't want to get his friend in trouble but he is very disturbed by this entire ordeal. >> i really do not know what he was on. he really is a good kid. whatever he took, it made him lose it. to find out he got shot -- very sad. >> reporter: jokes, kpix 5. >> herrera allegedly asked his mother to take him home from the hospital against the medical advice of the doctors. san jose police are looking into the deaths of two men found shot to death in a home on the city's south side. the bodies found yesterday in a townhouse on cherryview lane. officially police say the two men knew each other. it appears one man who was diagnosed with a terminal illness killed his ex-wife's boyfriend and then himself.
a woman is telling her story. two differentties responded to a call of two men fighting at a castro valley apartment saturday. investigators say the two men turned on the deputies beating one of them so badly he needs reconstructive facial surgery. kelly carter claims the deputies overreacted to the dispute between her husband and brother. >> nobody was fighting. my brother and my husband were -- my brother was trying to leave but my husband wanted him to stay. >> kelly carter was arrested for assaulting police officers. the two men face serious charges and attempted murder of a police officer. folks in one millbrae neighborhood say they are fed up. as justice justice reports a new restaurant has brought unwanted traffic -- as betty yu reports, a new restaurant has brought unwanted traffic. >> reporter: many neighbors and business owners in the area -- >> this is public use and it's
100% -- >> reporter: this person's backyard is one of two homes behind the new restaurant. >> this restaurant came in stomping on us. the joyce you can hear from the units are 24/7. the vents are -- the noise you can here from the units are 24/7 and the vents are facing us. >> reporter: they were served with a "cease and desist" or the because of the placement of the fans. neighbors have been putting out trash cans to reserve parking spots. >> the quality of life is substantially worse. >> was that thought about before you approved this building? >> reporter: frustrated neighbors took the complaints to the planning commission meeting attended by the owners. when it opened you thought that was adequate space? >> we have been working with the city since we opened to have this under control. it's an ongoing process. any type of infrastructure,
there's going to be a few glitches. >> people aren't used to it so the growing pains, they are not used to having successful businesses here. and if we don't solve this as a city, then we're not welcoming other businesses. another bay area restaurant has won a coveted award. the slanted door has been named the james beard foundation's outstanding restaurant of the year. it's the second time in three years the san francisco restaurant has won the award. i snuck in there a few times. it's delicious. >> how do you get in there? like this? [ laughter ] >> something like that. [ laughter ] we have some winds kicking up around the bay area breezy again but looks like by the afternoon blustery toward the coastline once again. low pressure center making its way over the sierra nevada. winds kicking up to 11 miles per hour in fremont, 10 in san jose, 19 in san francisco. it's calm though in the napa valley. but you will likely see those winds persist into the
afternoon probably intensifying near the coastline. partly cloudy skies temperatures in the 40s and 50s now. latter part of the day a little bit warmer this afternoon. 72 degrees in concord. 68 in oakland. and 63 degrees in san francisco. let's check the roads with elizabeth. thank you, lawrence. and first we want to let you know that the macarthur maze roadwork has been picked up early. so you're all clear there if you are heading to the bay bridge or at least heading to the maze and checking westbound 580, things look great from the altamont pass and livermore valley. drive time looks good. it's very quiet right now all the way to the dublin interchange through the grade. we have a couple of high wind advisories in effect. one for 680 and heading to the bay bridge. that's your latest "kcbs traffic." back to you. >> thank you. developing news, someone is out to harm san francisco dogs.
another batch of poisoned meatballs has been found this time in the sunset district near 24th and ortega yesterday. they appear to be laced with pills. in february poisoned meatballs were found in twin peaks. >> oh, my god. it's disgusting. who would even think of doing something i like to? >> there is a $5,000 reward for information leading to an arrest. now that he's back in the bay area, san jose police say they would like to talk to that teenager who stowed away on the flight to maui. 15-year-old yahya abdi flew back to california over the weekend. san jose police say he is in the custody of child protective services. investigators want to know how he got through the fence at mineta international airport and got in the wheel well of the plane in san jose. things are back to normal in morgan hill after a day of peaceful cinco de mayo protests. several groups expressed their feelings about a february court ruling on a 2010 controversy at live oak high school. back then, school officials told a few students not to wear
american flag t-shirts on cinco de mayo after complaints from some latino students. the recent court ruling sided with school officials agreeing that campus safety took precedence over the student's rights of free speech. >> it's about unity, respect and peace. this is what we're creating. you can see everyone all the community everybody is represented here. >> everything seemed to go well today but before that i was very afraid of what could happen. [ native american drumming in the background ] >> current live oak students say there is no racial tension on campus and they want to move on. the recent appellate court ruling was based on the lawsuit filed by the students in the 2010 incident. another appeal in the case is pending. it's not often a utility company or the city service pays you but for an antioch couple it was a welcome yet startling surprise. they received nearly $6,000 worth of checks from the city's sanitation district. it turns out they have been paying a sewage bill for 30
years even though they never have been connected to the district system and didn't notice. >> that department and this person and that person. >> i started with the tax assessors office. called them, and they told me you're on septic. you shouldn't be paying this. why are you paying this? because you guys collected. no, we collected for the sanitary district. >> well, she says city actually owes them close to $9,000 but they won't get it because of the statute of limitations but they will take the $6,000. there is a new plan to raise money to fix potholes and repair roads in california. the proposal would replace the gas tax with a different form of revenue. >> i bought a hybrid because of my drive. >> reporter: car men smith is one of the many southern californians who drives a hybrid on electric car most of whom paid more for their car than they would have otherwise to get that better mileage. now the california legislature is looking at a voluntary program that would eliminate
the state's gas tax which stands at 52.9 cents per gallon second highest in the nation behind new york and instead institute a vehicle miles travel tax or vmt. the idea is just that, tax people for every mile they drive. >> i'm very opposed. i drive to brentwood every day from burbank and i mean i'm already paying more than i should be. >> reporter: california senator mark desaulnier wants to test it out because of more fuel- efficient cars and less driving. >> we want to do as washington and oregon have done in a bigger state with longer commutes much more impactful to our economy to make sure we find out whether it would work, whether the public would like it or not. >> reporter: as for how much the tax would be, that's up in the air. oregon charges 1.5 cents per mile. >> all those things are to be
determined. we would he let the agency to do that -- we would let the agency to do that. it would be a voluntary program. >> if we drive up to mammoth 600 miles, we're being taxed on vacation? >> bobby kapel, kpix 5. coming up at 4:41, what went wrong? federal investigators on the task of finding out why a stunt pilot crashed and died at a weekend airshow. >> a video surfaces of hundreds of nigerian schoolgirls kidnapped. what their captors are now threatening to do. ,, ,,,,,,,,,,,,,,
a deadly accident at travis force base. federal investigators are looking at several factors in the deadly airshow accident at travis air force base. a veteran pilot tried to fly upside-down on sunday and cut a ribbon near the ground a stunt he did many times before. the ntsb says it will look into wind conditions but other things need to be explored first. >> right now we're focusing on the perishable evidence that
will leave today. we're looking at the wreckage, the ground start. >> investigators will also look into how long it took rescue crews to respond. some witnesses complained it took several minutes. the ntsb will release a preliminary report this week but won't complete the investigation for several months. take a look at this. there are no serious injuries after a small plane crashed into a two-story house in colorado. the plane was towing a banner ad when it went down yesterday in northglenn. the house caught fire but no one was home at the time. and the pilot managed to walk away. a 53-year-old diver became unconscious during his first search attempt at the sunken ferry. despite the accident other divers are still trying to find about 40 people still missing. developing news, a video has surfaced in which a group takes responsibility for kidnapping more than 200
teenaged girls in nigeria. they were abducted from their school in a village in the northeast nearly three weeks ago. cbs news reporter susan mcginnis shows us the video from a terrorist leader. >> reporter: in a video that surfaced monday, the leader of the nigerian terrorist group boko haram acknowledged kidnapping hundreds of girls from their dorms in nigeria. the man called the young students slaves and said he would sell them and threatened to attack more schools. this is the first time they claimed responsibility. some escaped but nearly 300 girls are still missing. amid a bleak outlook people continue to put pressure on nigeria to find the girls. >> they promised these girls would be found. nothing has been dog. >> reporter: the white house
says it's offering investigators counter-terrorism and logistic support. >> we are doing what we can to assist the nigerian government to support its efforts to find and free the young women. >> reporter: but it may already be too late. some local leaders in nigeria say some of the girls may have already been sold as sex slaves in neighboring country. susan mcginnis, cbs news, washington. >> there are unconfirmed reports some of those girls sold for as little as $12. some evacuees are being allowed back home finally as crews continue to battle wildfires in oklahoma. the fire began over the weekend and is blamed for one death. it destroyed six homes and more than 3,000 acres. the fire is 75% contained. crews still dealing with the warm windy weather conditions there. the cause is under investigation. >> those winds don't help. we'll see a lot of winds around the bay area.
already breezy in spots, gusty winds developing especially near the coastline and through the mountain gaps. out the door we go. we have some clouds that are rotating on through. look at the spiral of clouds across the sierra nevada. that's an area of low pressure sliding by but it's the same low that's going to help kick up the winds around our area. out the door, cloudy, breezy, mostly sunny this afternoon but some gusty winds. then winds calm down and we have a much warmer weekend on tap for the bay area but now we have this low moving through so the winds are going to be kicking up into the afternoon a little blustery especially near the coastline 30 and 40-mile-an- hour gusts. 70s around the state, 70s into the central valley. traveling into the high country we have winter weather advisories expecting some more snow across some of the higher peaks down to about 6,000 feet or so maybe a couple of more inches dropping there this morning. those winds expected to kick up in the afternoon especially near the coastline. could see gusts 30 to 40 miles an hour. looks like winds subside
through the night into tomorrow. temperatures today will be warmer. a lot of 60swe are going to see some warmer weather next couple of days then a weak weather system slides in partly cloudy skies on thursday much warmer this next weekend. let's check the roads with elizabeth. >> reporter: everything looks good in mass transit. bart should have more than 25 trains good to go, no delays on all mass transit. we are not quite at 5:00 yet. we have areas of overnight roadwork including both directions of the eastshore freeway. as you make your way into albany, richmond, various lanes blocked again in the next 10, 15 minutes, everything should be picked up if not cleared already. checking some bridges now, here's a live look at the san mateo bridge.
everything is quiet. no wind advisories. it's breezy outside. we have a couple of wind advisories in effect for the benicia bridge and bay bridge. south bay 101 from morgan hill, looks kind of like that no incidents, all green on the sensors, 280 and 87 guadalupe parkway everything also moving at the speed limit for the most part. we are getting an early start for silicon valley. here's a live look westbound 237. obviously very quiet this morning heading out to 101 and your east bay drive times, we'll be watching this especially over the next half hour while traffic begins to pick up. right now everything looks good. that's your latest "kcbs traffic." back to you guys. >> all right. thank you, elizabeth. here's something we haven't seen in a while. a sideshow in east oakland. [tires screeching ] >> a spectator recorded this on sunday night and posted it on youtube. oakland police have cracked down on sideshows the last few years. according to the post, this latest event was timed to
coincide with cinco de mayo. there is a brand-new roller coaster in the bay area. >> but this one is not open to the public. kpix 5's andria borba found it in someone's backyard in the east bay. >> reporter: tucked behind a fence in orinda sits this. powered by gravity with an assist from dad, 10-year-old lyle pemble has a roller coaster in his backyard. it began with a ride on a coaster in new jersey this summer. >> i decided to ride it because i thought it would be fun and then when i rode it, i was like i bet that there are more and better roller coasters out there so i started doing research on then. >> reporter: and then he obviously asked his father, will, for one. >> i started building the coaster because lyle my son asked me if we could and i couldn't think of a good reason to say no. >> reporter: it took $3,500 and six weeks. for lyle the project has taken
school work from pencil and paper -- >> just the worksheet. >> reporter: -- to something tangible. >> the mathematics, physics, sigh sensor the really hard thinking -- there needs to be something on the other side of that math that's worth slogging through the math. so if there's a coaster at the other side of how many feet of track do we need, then all of a sudden the word problem gets down fast. >> reporter: for lyle the mini six flags is nearly perfect. how awesome is this? >> 9.5. >> reporter: what would make it more awesome? >> if it had a loop. if it went upside-down or was taller. >> reporter: dad will says lyle has to complete that himself when he completes his dream of becoming a roller coaster designer. andria borba, kpix 5. >> i think that's about a 9.7. >> lucky kid though. >> he is lucky, come on! >> will pemble keeps a blog about his coaster building adventure. >> he does. and we have a link to that on our website, kpix.com. just click on "links and numbers."
>> come on, dad. put the loop in it, huh? >> i guess. 4:52 now. he was convicted of a crime more than a dozen years ago. but he never served a day in prison. why authorities say he is a free man and will remain free. >> and saving a california condor. what wildlife experts say happened that almost caused the majestic bird its life. ,,,,,,,,,,,,,,
san jose. pleasanton 71. sunshine by the afternoon. 72 in danville. inside the bay winds going to be a bit more blustery especially into berkeley. in the mortgage bay you're looking at 60s and some 70s there in the north bay. and heading into san francisco winds should be whipping this afternoon 63 degrees. a lot of the overnight roadwork should be cleared. this is a live look in oakland near the coliseum. we'll have a full look at your "kcbs traffic" coming up. new this morning, a missouri man is out of prison set free because of good behavior and a clerical error. mike anderson walked out of a courthouse yesterday. he was supposed to serve 13 years for armed robbery beginning in the year 2000. but officials lost track of him because of a clerical error. the state finally caught its mistake last summer. but yesterday, a judge ordered him released saying he had lived a clean life since the
crime. >> i just was believing in faith, praying he would make the right decision. >> i believe this case teaches that justice can be swift and harsh but also merciful. >> the judge said he believed anderson changed for the better in the years since his conviction. anderson raised his family, built his own house, paid taxes and started businesses. a vulture will receive daily treatment at the zoo for lead poisoning. california condors were close to extinction with only it 22 in existence because of 1987. because of a captive breeding program there are now more than 200 in the wild. 4:56. a teenager killed by a dublin police officer had a run-in with the law earlier in the day. why the teen was allowed to return home just hours before his death. >> and how would you feel if you got a tax break on that fuel-efficient car to save money on the commute only to find out you would be taxed on
he just kept on clawing at me and reaching in my mouth and my nose, everywhere, just trying to yank skin off. >> the night before 18-year-old oscar herrera was shot dead by a police officer in dublin after a tacked that officer with a baseball bat -- after he attacked that officer with a baseball bat, he attacked a friend. >> someone is out to harm san francisco dogs. another batch of poisoned meatballs has been found this time in the sunset district. a woman walking her dog came across the meatballs near 24th
and ortega yesterday. >> a motorcyclist turns a bay area freeway into his own personal stunt show and makes it home before finding out the chp was watching from above the entire time. >> pressure is mounting in nigeria to find the nearly 300 girls who were abducted from their school in the northeast part of the country three weeks ago. >> from across the bay to around the world, the stories that matter on "kpix 5 news this morning." your realtime captioner is linda macdonald. captions by: caption colorado firstname.lastname@example.org >> good morning, i'm michelle griego. >> hi, everyone. i'm frank mallicoat. 5:00. how about some weather? and it's a little windy out there, lawrence. >> yeah. starting out with a breeze now and some gusty winds developing throughout the day today, maybe 30 to 40-mile-an-hour gusts. out the door we go. an area of low pressure so far the central sierra nevada whipping up the winds and we are seeing that breeze this morning already. 12 miles per hour in fremont. 20 now into san francisco. it is calm though in the napa valley. but that won't last long. those winds will start to whip